Gemmell v. Fox

Citations

• 241 Pa. 146
• 88 A. 426
• 1913 Pa. LEXIS 751

Syllabus

<p>School law — Directors—Equity—Preliminary injunction — Abuse of discretion.</p> <p>1. A preliminary injunction will be awarded in a taxpayers’ suit to restrain defendant school directors from acquiring a certain plot of ground for the erection of a school house, where the evidence shows that an additional room to an existing house would he sufficient to accommodate all the pupils of the school district for several years to come; that another lot equally desirable had been offered without cost to the school directors; that the lot proposed to be acquired overlaid coal beds owned by a corporation, without responsibility for supporting the ground above, and that to purchase the right of support from the owners of the coal would cost a large sum of money. Where the court is satisfied that the school directors are influenced by other considerations, than the public interest in the proposed action, a preliminary injunction will be issued.</p> <p>2. Where there is apparently gufficient ground for the action of the court below in awarding a preliminary injunction, it will not be disturbed on appeal; the status quo will be preserved until final hearing.</p>